Arun Madan, J. - (1.) The petitioner, who is a class IV employee of the Sikar Central Co-operative Bank Ltd. (for short "the Bank"), has filed this writ petition under Article 226 of the Constitution of India on the grounds inter alia that he was initially appointed in the service of the respondent Bank w.e.f. 1.7.1985 as a Chowkidar on daily wages basis'. After having served in different branches of the respondent Bank; his services came to be terminated w.e.f. 31.7.1986 and as a result thereof he was not allowed to join his duty w.e.f. 1.8.1986.
(2.) The petitioner challenged the termination of his services by moving before the Prescribed Authority constituted under Section 28-A of the Rajasthan Shops and Commercial Establishment Act, 1958 (for short "the Act of 1958"). The proceedings before the Prescribed Authority were contested by the respondent Bank and the Prescribed Authority vide its order dated 30.1.1987 declared the termination of the service of the petitioner as unlawful arid directed the reinstatement of the petitioner in service with full wages with cost of Rs. 200.00 and with a further direction to reinstate the petitioner within stipulated period of 30 days from the date of the said order.
(3.) Notwithstanding the above directions of the Prescribed Authority dated 30.11.1987, it was not implemented by the respondent Bank and the petitioner was not allowed to join his duties, as a result thereof the petitioner preferred a writ petition vide SBCWP No. 4972/1990 ; Gopallal v. Managing Director, Sikar Central Co-operative Bank Ltd., for enforcing and implementing the order dated 30.11.1987 passed by the Prescribed Authority with consequential benefits as directed in the said order. The said writ petition was admitted by this Court vide its order dated 10.10.1990 and this Court vide its order dated 15.5.1992 after hearing learned Counsel for the parties allowed the same vide its aforesaid order with the direction to the respondent Bank to take back the petitioner in service forthwith and to give him all consequential benefits from the date of the order of Prescribed Authority, i.e., 30.11.1987 by taking the petitioner to be in continuous service of the respondent Bank, with a further direction to pay back wages to the petitioner w.e.f. 30.11.1987. With regard to the payment of arrears due to the petitioner, the respondent Bank was directed to make the said payment within one month from the date of submission of certified copy of the said order and if the wages are not paid within the said period, the petitioner shall be further entitled to payment of interest @ 18% per annum from due date vide (Annexure 1).;